- 303 - the Court indicating no objection to the lifting of the protective orders. Section 7458, which governs hearings before the Tax Court, provides that such hearings shall be open to the public. In addition, section 7461, entitled "Publicity of Proceedings", provides in pertinent part: SEC. 7461(a). General Rule.--Except as provided in subsection (b), all reports of the Tax Court and all evidence received by the Tax Court and its divisions, including a transcript of the stenographic report of the hearings, shall be public records open to the inspection of the public. (b) Exceptions.-- (1) Trade Secrets or Other Confidential Information.--The Tax Court may make any provision which is necessary to prevent the disclosure of trade secrets or other confidential information, including a provision that any document or information be placed under seal to be opened only as directed by the court. Rule 103 provides that upon motion by a party or other affected person, and upon good cause shown, the Court may make any order which justice requires to protect a party or other person from annoyance, embarrassment, oppression, or undue burden or expense. Sections 7458 and 7461 reflect the well-established principle that official proceedings and records of all courts, including the Tax Court, generally shall be open and available to the public. See Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978); Willie Nelson Music Co. v. Commissioner, 85 T.C. 914, 917 (1985). However, section 7461 and Rule 103 provide that the Court has the discretionary authority to order all or part ofPage: Previous 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 Next
Last modified: May 25, 2011